When is it okay to change to a new employer during my employment-based green card process?

A person with a pending employment-based green card petition may change to a new employer once his/her I-140 immigrant petition is approved and the I-485 green card application has been pending 180 days or more.  The individual must take a position with the new employer that is the same or similar to the position for which the green card petition was filed.  If these elements are met, the green card petition can remain active and pending through the new employer. 

The new employer and employee may choose to notify the immigration service of this change.  Please note that if the I-140 immigrant petition is withdrawn before 180 days or the immigration service denies or revokes the I-140 approval at any time, the employment-based green card process will most likely result in a denial.  Please contact our immigration law office if you have questions about your employment options during the green card process.

Tags: change employer, EB-2, EB-3, employment-based, green card, immigrant petition, permanent resident petition
Posted in FAQ Employment-Based Green Card, Immigrant Visas | Read More »